Ms Stephanie Whyte:

I thank the committee for inviting me today to contribute to this important topic. Barnardos provides front-line services to children and their families who are affected by traumatic and challenging life situations including poverty, parental mental health difficulties, neglect, bereavement, addiction and parental separation. We offer a range of early intervention and targeted services in our 45 service locations across the country, in family homes, schools, community centres and in communities themselves.

In terms of parental separation, a recent analysis by Barnardos of families accessing our services showed that one third of children who currently access our services are involved in parental separation. More and more families being referred to our services to help children and their parents deal with issues relating to parental separation. These are the situations that get referred to us for entrenched conflict. Sometimes, the relationships have become very difficult and sometimes toxic. As a result, one or both of the parents cannot deal with the separation in an amicable way that is most beneficial to any children involved. The court experience for families in which parents are separating can be very complex and confusing for all the parties, particularly for the children. The whole process of going to court - the language used, the timing, the formality of seeing solicitors and judges - can be very unclear to the eyes of children. The lack of certainty and clarity about timelines and potential outcomes can make things appear very complex. One of the most complex elements of the court system around court orders and decisions needs to be about ensuring the best interests of the child. Unfortunately, orders can be particularly ineffective if they get the balance wrong between balancing the rights of the parents and the best interests of the children.

Children understand that they are not the sole determining factor in court cases regarding access and custody. Sufficient mechanisms must be in place to ensure their voices and views are gathered, however, and that adequate attention and consideration is given in terms of the decisions but also the pace of implementation and supports to implement those decisions.

There is a lack of professional support for parents and children after separation and family transition, particularly in terms of accessing custody. More resources should be directed towards earlier supports for parents and children to deal with separation, raise awareness of the potential impact of acrimony on children and ensure strategies for parents to ensure a positive focus on children. This might reduce the number of families who use the courts as a way of managing family conflict.

Many of the families and children we support who are living in separated households rely on maintenance payments to meet essential costs. If maintenance goes unpaid, it can drastically affect their budgets and jeopardise their ability to afford essentials. Many parents we work with cannot and do not seek maintenance from their previous partners, typically as a result of difficulties in those relationships, wider acrimony between both families and sometimes in the community, a history of previous partners not paying and a belief that maintenance will not be paid. Sometimes it could be a threat to their own recovery and sobriety. Therefore, we think the system is not working for children.